Dossey v. Pitman
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This was the statutory action for the recovery of land by ¡the appellant, Malinda C. Dossey, as heir at law of Malcolm G. Graham, against the appellees, Anna Pitman et al., heirs of Elizabeth Graham, widow of said Malcolm G. Graham, The laud sued for was in the possession of the defendants, who claimed under the alleged homestead right of said Elizabeth Graham.
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Appeal from tbe Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This was the statutory action for the recovery of land by ¡the appellant, Malinda C. Dossey, as heir at law of Malcolm G. Graham, against the appellees, Anna Pitman et al., heirs of Elizabeth Graham, widow of said Malcolm G. Graham, The laud sued for was in the possession of the defendants, who claimed under the alleged homestead right of said Elizabeth Graham. The material facts are stated in the opinion, and on these facts, the court, on the request in writing, of the defendant, charged the jury, that if they…
1Opinion of the CourtStone, C. J.
— In Turnipseed v. Fitzpatrick, 75 Ala. 297, we construed § 2061, sub-section 6, of the Code of 1867. We held it was necessary to a valid setting apart of a homestead to a widow or minor child, or to both, under that statute, that the commissioners appointed for the purpose should report their action to the court, and that judicial action should be taken upon it. In that case the commissioners had failed to report their proceedings to the court, and the court’s records and files failed to show that any selection or allotment had been made. The language of this court was, “We can not be…
2Cases cited5 opinions
- Clark v. SpencerSupreme Court of Alabama · 1883
- Turnipseed v. FitzpatrickSupreme Court of Alabama · 1883
- Jarrell v. PayneSupreme Court of Alabama · 1884
- Taylor v. PettusSupreme Court of Alabama · 1875
- Taylor's Administrator v. Taylor's ChildrenSupreme Court of Alabama · 1875
3Cited by1 opinion
- Clancy v. StephensSupreme Court of Alabama · 1890